Mary Elizabeth "Betsy" Davis
Ms. Davis uses her litigation experience to counsel clients with a goal of eliminating risk and placing the client in the best position should litigation arise. She provides advice and management training to raise awareness and ensure compliance with employment laws. She routinely reviews and develops employee policies, handbooks, offer letters, employment contracts, separation agreements, and other related documents. She is frequently contacted by clients to assist in handling difficult termination and hiring issues, as well as sensitive matters involving restrictive covenants and trade secrets.
- Named "Benchmark Labor & Employment Star" by Benchmark Litigation: Labor & Employment Guide, 2019
- Named to Virginia Business magazine's "Legal Elite" in Labor and Employment
- Listed in Best Lawyers in America, 2020 for Commercial Litigation, Employment Law - Management and Litigation - Labor and Employment.
- Virginia Super Lawyers: Rising Star 2007; Labor and Employment Law Super Lawyer, 2009 – 2012
- “AV-Preeminent” Rated by Martindale-Hubbell
Memberships & Activities
- Virginia State Bar Association: Labor and Employment Law Council Member; Communications Chair
- Virginia State Bar Association: Harry L. Carrico Professionalism Course, Past Faculty Member, No Bills Night, Richmond, Past Regional Chair
- Richmond Bar Association: Administration of Justice Committee, Past Chair; Membership Committee, Past Chair, Finance Committee
- Lewis F. Powell, Jr. American Inn of Court: Member, 2009 – Present; President, 2011 – 2013; Immediate Past President, 2013 – 2015
- Make-A-Wish Greater Richmond: Board Member: Chairman of the Board
- Represented employers in a broad section of industries on claims of discrimination, harassment, and retaliation; wage and hour; family and medical leave; wrongful discharge; noncompetition, nonsolicitation, and confidentiality covenants; trade secrets; business torts; and breaches of employment contracts in state and federal courts.
- Represented clients in investigation and defense of EEOC, DOL, and NLRB charges and VEC claims.
- Drafted and litigated non-compete, non-solicitation, and confidentiality covenants to injunction.
- Defended business litigation claim filed by joint venturer in federal court to agreed dismissal without defense payment.
- Defended local and multistate employers in DOL audits.
- Represented national employer in discrimination claim to defense verdict in federal court.
- Mediated EEOC charges against employers in a wide range of industries to successful resolution without litigation.
- Represented senior executive in successful grievance litigation before the Circuit Court, the Virginia Court of Appeals, and the Virginia Supreme Court; obtained contempt order.
- Proved and enforced employment contract against locality.
- Litigated fiduciary duty claim against executive who created competing company to successful resolution.
- Mediated multi-defendant non-compete litigation to successful resolution through federal court mediation program.
- Trained and advised employers regarding federal and state employment law compliance, including the FLSA, FMLA, ADA, ADAAA, ADEA, Title VII, COBRA, FCRA, and the WARN Act.
- Developed and reviewed employee policies, handbooks, offer letters, employment contracts, separation agreements, and other related documents for Virginia and multistate employers.
- Assisted clients in handling difficult termination and hiring issues, as well as sensitive matters involving restrictive covenants and trade secrets.
- Counseled management in various industries in planning and implementing work force reductions.
- Ofoche v. Apogee Medical Group, Virginia, P.C., 2019 WL 254674 (W.D. Va. 2019)
- Ofoche v. Apogee Medical Group, Virginia, P.C., 2018 WL 4512076 (W.D. Va. 2018)
- Jenkins v. Mid Atlantic Detailing, 689 Fed. Appx. 191, 2017 WL 1969484 (4th Cir. 2017)
- Nidelka Adams v. McDaniel Services, 2016 U.S. Dist. LEXIS 29803 (E.D. Va, March 8, 2016)
- L. Foster Consulting, LLC v. XL Group, Inc., 2012 U.S. Dist. LEXIS 93976 (E.D. Va. July 6, 2012)
- L. Foster Consulting, LLC v. XL Group, Inc., 2012 U.S. Dist. LEXIS 93979 (E.D. Va. June 1, 2012)
- Keck v. Virginia, 470 Fed. Appx. 127, 2012 U.S. App. LEXIS 6644 (4th Cir. Va. 2012)
- Keck v. Commonwealth, 2011 U.S. Dist. LEXIS 74635 (E.D. Va. July 12, 2011)
- Va. Dept. of Corrections v. Estep, 2011 Va. LEXIS 82 (Supreme Court of Virginia 2011)
- Va. Dep't of Corr. v. Estep, 2010 Va. LEXIS 125 (Supreme Court of Virginia 2010)
- Va. Dep't of Corr. v. Estep, 55 Va. App. 386 (Court of Appeals of Virginia 2009)
- Alta. Telcomms. Research Ctr. v. Rambus Inc., 2006 U.S. Dist. LEXIS 26313 (E.D. Va 2006)
- Mid-Atlantic Bus. Communs., Inc. v. Va. DMV, 269 Va. 51 (Supreme Court of Virginia 2005)
- Contreras v. Thor Norfolk Hotel, L.L.C., 292 F. Supp. 2d 798 (E.D. Va. 2003)
- Ross v. Pendell, 46 Fed.Appx. 155, 2002 WL 2023207 (4th Cir.(Va.) 2002)
- Taylor v. Frazer, et al., 42 Fed.Appx 651, 2002 WL 1893174 (4th Cir.(Va.) 2002)
- Coleman v. Ward, 208 F.3d 208, 2000 WL 245290 (4th Cir. (Va.) 2000)
- Buckley v. Womack, et al., 203 F.3d 819, 2000 WL 139909 (4th Cir. (Va.) 2000)
February 2020, presenting "HR 2020: Top Tips to Bring HR Into a New Decade” to the Virginia, Maryland & Delaware Association of Electric Cooperatives
September 2019, moderating "A Conversation with Commission Lipnic” at the Virginia Bar Association Labor & Employment Conference
July 2019, presenting “Workers Who Can’t Wait – Navigating Leave as an Accommodation” to Virginia Bar Association Summer Meeting
May 2019, presented “#MeToo in the Workplace: Creation, Compliance, Countermeasures” to the Society of Corporate Compliance and Ethics
February, 2019, New DOL Guidance on Tip Credit webinar
August, 2018, presenting “U.S. Employment Law Training”, Richmond, VA
June, 2018, presenting “ADA Compliance Overview”, Richmond, VA
March 22, 2018, presenting “Harassment Pitfalls”, Richmond, VA
February 12, 2018, presenting “EPLI: A Year in Review and A Look at What Is To Come”, Jersey City, NJ
October 11, 2017, presenting “Wage Issues: Practical Tips to Avoid Liability”, with NBI, Inc.
May 18, 2017, presenting “Staffing and Employment Issues” to the Associated General Contractors of Virginia, Young Leaders Conference
May 11, 2017, moderating “Human Resources 101: Hiring, Firing and Employment Law Update” for the Richmond Bar Association
April 11, 2017, presenting “The Trump Experience: How U.S. Law Will Change – Employment Changes, webinar
April 27, 2017, presenting “The Trump Experience: How Employment Laws Will Change” to the Virginia Association of Personal Care Providers, 2017 Spring Meeting
March 1, 2017, presenting “Contractors-Employees: A War on Misclassification”, Richmond, VA
August 25, 2016, presenting “Minimizing Risk in the Construction Industry: Tips of Managing Employees” to the Associated General Contractors of Virginia, Young Leaders Conference
July 20, 2016, presenting “Be(A)ware – Employment Laws are Changing” to the Association of Legal Administrators
July 12, 2016, presenting “War on Misclassification” to the Hanover Chamber of Commerce
April 7, 2016, (Newport News), April 12, 2016 (Richmond), April 19, 2016 (Fairfax) presenting “Human Resources Rules and Regulations” to the Virginia Association of Personal Care Providers
April 11, 2016, presenting “How to be a DOL/ OSHA Whisperer: Speaking the language of regulators” to the Hill-Tucker Bar Association
April 13, 2016, presenting “How to be a DOL/ OSHA Whisperer: Speaking the language of regulators” to the Richmond Bar Association
January 14, 2016, presenting "Employment Law Update: Cutting Edge Issues” to lawyers and human resources professionals on behalf of Sterling Education Services
October 7, 2015, presenting "Discipline and Discharge - Necessary Documentation,” and “Controlling Unemployment Compensation Costs” to lawyers and human resource professionals on behalf of the National Business Institute
October 6,2015, presenting “Human Resources, Overtime Exemptions, and the ACA” to the Virginia Association of Personal Care Providers
October 7, 2015, presenting “Discipline and Discharge - Necessary Documentation,” and “Controlling Unemployment Compensation Costs” to lawyers and human resources professionals on behalf of the National Business Institute
October 2015, presenting “The Five Hottest Areas of Employment Liability Risk” to the Chesterfield Chamber of Commerce
February 4, 2015, presenting “Fundamentals of Employment Law” to lawyers and human resources professionals on behalf of Sterling Education Services
- the employee’s dates of employment with the employer
- the employee’s wages or salary during the employment
- the employee’s job description and job title during employment
- any injuries sustained by the employee during the course of the employment with the employer (Virginia Code §8.01-413.1(B)).